Citation, commencement and extent

1.  These Regulations—

(a) may be cited as the Immigration (Electronic Travel Authorisations) (Consequential Amendment) Regulations 2023;

(b) come into force on 31st March 2023;

(c) extend to England and Wales, Scotland and Northern Ireland.

Consequential amendment to the Immigration (Provision of Physical Data) Regulations 2006

2.  In regulation 2 of the Immigration (Provision of Physical Data) Regulations 2006( 2)—

(a) in the definition of “application”—

(i) at the end of paragraph (e) omit “or”;

(ii) after paragraph (f) insert—

“; or

(g) an application for an electronic travel authorisation pursuant to immigration rules made by virtue of section 11C of the Immigration Act 1971( 3) ; ”;

(b) in the definition of “immigration rules”( 4), for “made under” substitute “laid down in accordance with”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations put in place a measure required to implement the Electronic Travel Authorisation (“ ETA”) scheme introduced by the Nationality and Borders Act 2022 (c. 36).

Section 75(6) of the Nationality and Borders Act 2022 amended section 126(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41)to add an application for an ETA to the types of immigration application which the Secretary of State may require by regulations to be accompanied by specified biometric information. Regulation 2 of these Regulations makes a consequential amendment to the Immigration (Provision of Physical Data) Regulations 2006 ( S.I. 2006/1743) to add an application for an ETA to the types of immigration application for which compulsory biometric information may be required.

A full impact assessment of the effect that the ETA scheme will have on the costs to business, charity and voluntary bodies and the public sector has been prepared but not published.